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2025 DAILYLAW 98211 (PNJ)

CHANDER MOHAN AND ANOTHER v. STATE OF HARYANA AND OTHERS

CWP/26378/2025 · 2025-09-05

Sandeep Moudgil

body2025

Judgment text

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118 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-26378-2025 (O&M) DECIDED ON: 05.09.2025 CHANDER MOHAN AND ANOTHER .....PETITIONER(S) VERSUS STATE OF HARYANA AND OTHERS .....RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. K.S. Brar, Advocate for the petitioner(s). Mr. Sushil Bhardwaj, Addl. A.G., Haryana. **** SANDEEP MOUDGIL, J (ORAL) This Civil Writ Petition under Article 226/227 of the Constitution of India has been filed for issuance a writ in the nature of certiorari for quashing of the impugned action of the respondents vide which the petitioners were relieved/terminated without passing any order and without considering the fact that there are still vacancies available with the respondents, which is clearly depicted from letter dated 13.05.2025 (Annexure P-8) sent by the respondent no.4 to respondent no.2 and a chart issued by respondent no.4 (Annexure P-9), in the interest of justice. Learned counsel for the petitioners has drawn attention to letter dated 13.05.2025 (Annexure P-8),wherein the Chief Superintendent, Government Pashudhan Farm, Hisar, communicated to the Director, Animal Husbandary and Dairying Department, Panchkula that posts of Sweeper-cum- Anuradha 2025.09.11 23:12 I agree to specified portions of this document CWP-26378-2025 (O&M) 2 Chowkidar were lying vacant. This supports the claim of the petitioners, who also rely upon the Government instructions dated 07.08.2024 and 15.01.2025 (Annexures P-6 and P-7) issued by the Human Resource Department, Government of Haryana. As per the said instructions, all Administrative Secretaries and Heads of Departments were authorized to make recruitment, and in cases where HKRNL or outsourced employees were removed due to the joining of newly recruited common cadre Group-D employees, the concerned Head of Department was empowered to accommodate them against other suitable vacant posts. Accordingly, the Chief Superintendent, Government Pashudhan Farm, Hisar, and the Director, Animal Husbandary and Dairying Department, Panchkula, are directed to consider the case of the petitioners in the light of the aforesaid policy/instructions against posts stated to be lying vacant, as is evident from letter dated 13.05.2025 (Annexure P-8). In case any formalities or requisitions are required, the Managing Director, Haryana Pashudhan Vikas Board, Panchkula shall necessitate requisitions to the HKRNL and pursue the matter accordingly. Upon receipt of such requisition, the HKRNL shall do the needful qua the recommendation of petitioners within one week thereafter. In view of the above, the present writ petition is disposed of with liberty to the petitioners to submit a representation before the Managing Director, Haryana Pashudhan Vikas Board, Panchkula, for redressal of their grievance. Ordered accordingly. (SANDEEP MOUDGIL) 05.09.2025 JUDGE anuradha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Anuradha 2025.09.11 23:12 I agree to specified portions of this document